SUBRATA GUHA SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against an order being CHA Order No. 07/2012, dated 16/21st August, 2012 whereby the Commissioner of Customs [Airport and Administration] has in exercise of power conferred on him under Regulation 20(2) of the Customs HOUSE Agents Licensing Regulations, 2004, hereinafter referred to as the 2004 CHALR, suspended operation of the Customs House Agents license No. S-114, held by M/s. S. Guha Sarkar and Company, with immediate effect. From the order impugned, it appears that M/s. S. Guha Sarkar and Company of Village Chandrapur under Digha Post Office area in 24 Parganas [North] is a Customs House Agent and its Customs House Agent's license No. is S-114.

(2.) By a letter dated 23rd July, 2012, the Directorate of Revenue Intelligence, intimated the Commissioner of Customs [Airport and Administration] that it had booked a case where prohibited goods were attempted to be smuggled into India along with other goods through Kolkata Port vide Bill of Entry No. 6935877 dated 26th May, 2012.

(3.) It was alleged that while the goods were declared as 360 rolls of RG-6 Semi-finished Coaxial cables, on examination, 860 cylinders [13.6 kgs. each] of R-22 refrigerant gas, a prohibited item for import and 49920 pieces of measuring tapes, an item liable to anti-dumping duty, were found concealed behind 120 rolls of coaxial cable.